It really depends on what your endgame is. If you want custody over your grandson, then you will need to petition the chancery court, and show that it is in your grandson's best interest that you be granted custody. I'm assuming, though, that this is a youth court matter, which has quite... View More

Well... as to the custody part, it is incredibly hard to modify custody, as it depends on whether there has been a material change in circumstances that negatively impacts the child, and whether the judge would believe that it would be in the child's best interest to modify custody. As to the... View More

Since the child is yours and born of the marriage, the child's name legally must be your name.

Not unless there is a modification of custody.

The six weeks is normally for health reasons; however, your son's best bet is going to be to get an order for temporary visitation until a divorce is finalized (assuming that they're going that route), or to sue for custody.

Your best bet is going to be to sue for custody over the minor children. Assuming that you do so, the judge is going to determine what is in the best interest of the children, and look to various factors when considering who should ultimately have custody over the minor children. Feel free to reach... View More

At this juncture, not a whole lot. In order for there to be a modification of custody, there has to be a material change of circumstances that negatively impacts the child, and even then, the judge has to review several factors to make such a determination. In your situation, you shouldn't... View More

He has rights if he establishes that the child is his. Mississippi law presumes that a child born during a marriage, even if conceived before the marriage, is considered a product of that marriage. His best bet is going to be to get with an attorney to initiate a paternity action.

Glad to see another Cleveland person in this! First and foremost, I'd be curious to know whether there has ever been a court order acknowledging you as the father. Unless you've held yourself out to be the father, or a judge has determined that you are the father, then you do not... View More

It sounds like you need to get with an attorney ASAP, as it does sound fairly complicated.

You may need to try getting in touch with a legal aid organization, such as Mississippi Volunteer Lawyers Project or North Mississippi Rural Legal Services. You may also be able to reach out to some local attorneys to discuss the possibility of alternative fee arrangements, such as payment plans,... View More

Not necessarily. From the sound of it, you need to talk with an attorney immediately. Until such time as a judge intervenes and determines custody, visitation, etc., both of you have equal say in where the children go to school, where they live, etc.

Typically, to change a last name, a person would need to file a petition with the chancery court in which they live, requesting a name change and amendment to their birth certificate. As this is her last name, she would not only have to notice her father, but also the Mississippi Department of... View More

As a mother, you have equal rights to the children until such time as you are divorced. Neither you nor he can withhold the children from the other, unless there is an imminent threat to the children, and you have a judge sign off on a temporary custody arrangement until you are divorced.

In Mississippi, you can receive either an irreconcilable difference divorce (where both agree) or one based on cause (desertion, etc.). Assuming that you live in Mississippi, you would be eligible for a divorce in the county in which you live.

You may be able to petition the court to ensure that your daughter is returned to you. Typically, guardianships are temporary, and may terminated at any time by the party who authorized the guardianship. Your best bet would be to gather any and all necessary legal documents related to the... View More

The sooner your father acts, the better. In Mississippi, grandparents do not necessarily have visitation rights with their grandchildren, unless very particular circumstances are met. With your brother having passed away, that opens the door to allow grandparents' visitation; however, your... View More

It may be difficult for him to obtain physical custody over him; however, in Mississippi, the presumption is that both parents are entitled to joint legal and physical custody over the minor child. That being said, the joint physical custody is not the norm, and instead a court will look at... View More

Unlikely but possible, but the problem is if the person that killed him has no assets or income you will get a sheet of paper that is worthless and you have to spend a lot of money along the way.

I am assuming your wife petitioned for her mother to come to live in the USA. An I-864 affidavit of support was required to be furnished, which is a contract with the US government that she would be financially responsible if mother ever took welfare or benefits. If you signed the I-864 you would... View More